HomeMy WebLinkAboutORD NO 3108ORDINANCE NO. 3108 , NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 16.20.060 AND
16.22.030 B. OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO CERTIFICATES REQUIRED WITH
FINAL MAPS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 16.20.060 of the Bakersfield Municipal Court is
hereby amended to rea~ as follows:
16.20.060 Certificate of parties having record title
interest.
A. A certificate, signed and acknowledged by all parties
having any record title interest in the real property subdivided,
consenting to the preparation and recordation of the final tract
map is required, except as omitted pursuant to Section 66436 of
the Map Act or this section.
B. The signatures of each party owning a recorded
interest in, or right to, minerals, including but not limited to,
oil, gas, or other hydrocarbon substances, not including lessees
of such rights, shall be required unless his name and the nature
of his respective interest are stated on the final map and the
advisory agency determines, or on appeal the City Council finds,
at least one of the following applies:
1. The party's right of surface entry has
been expressly waived.
The party's interest is less than twenty
percent and the signature of one or more
party having a combined interest of more
than 50% has been obtained.
At least two weeks prior to the date of
hearing on the tentative map, the sub-
divider has given written notice, by
registered mail to each owner of record
of minerals underlying the subdivision,
of intent to reserve and delineate or
describe a drill site on the subdivision
map, and a drill site or sites of practi-
cable size and location and either within
the subdivision or within a ~racticable
distance thereof, as determined by the
advisory agency, and as to which the owner
of the mineral interest has a recorded right
of access and use, is or has been reserved
and is delineated on the approved tentative
map for the subdivision or, if outside the
boundaries of the subdivision, is specifi-
cally described on the approved tentative
map. The advisory agency may require the
subdivider to install a wall or fence and
landscaping around any or all reserved
drill sites and that adequate provisions be
made for maintenance thereof. Approval by
the advisory agency of a reserved drill site
shall constitute approval to drill thereon
upon compliance with all conditions and
mitigation required under other applicable
regulations and processes.
At least two weeks prior to the date of
hearing on the tentative map, the sub-
divider has given written notice, by regis-
tered mail to each owner of record of
mineral rights underlying the subdivision,
of intent to make the showing provided for
in this subsection, and has presented at
said hearing competent, technical evidence
establishing to the satisfaction of the
advisory agency that production of minerals
from beneath the subdivision is improbable.
C. The provisions of subsection B., above, shall be
applicable to any final parcel map unless each parcel created
thereby has a gross area of 20 acres or more.
SECTION 2.
Section 16.22.030 B. of the Bakersfield Municipal Code is
hereby amended to read as follows:
16.22.030 Certificates on map.
B. Subject to the provisions of Section 66436 of the Map
Act, unless otherwise determined by the advisory agency, a sepa-
rate certificate, signed and acknowledged by all parties having
any record title interest in the real property subdivided, con-
senting to the preparation and recordation of the parcel map is
requl~ed; provided, however, that for good and sufficient cause
shown by the subdivider, the advisory agency may waive any or all
such signatures and/or names and nature of the respective inter-
ests otherwise required by Section 66436 of the Map Act at any
time after the tentative map is submitted for approval. Such
waiver shall be certified by the city engineer. The provisions
of Section 16.22.030 B. shall apply to the waiver of signatures of
parties owning a recorded interest in, or right to, minerals,
including, but not limited to, oil, gas or other hydrocarbon
substances, if any parcel created by the final parcel map will
have a gross area of less than 20 acres.
SECTION 3.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage, and shall apply to
each tract, and parcel map with any parcel of less than 20 acres,
as to which no final map has been recorded.
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on July 29, 1987 , by the
following vote:
AYES: CEIUNC;LMEMBER$ CHIL,DS, C~RtSTENS£N, SMITH, BA~I'Y, MOORE, DICKERSON, SALVAGGIO
N_OES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINING: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED July 29, 1987
MAYOR of the City of/Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
AJS/meg
O ORD 4
O.CERT1
7/6/87
Affik. t of Iostmg
STATE OF CALIFORNIA t ss. County of Kern I
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on September 24 87
, 19 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on July 29 , 19 87 , which ordinance
was numbered 3108 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
AMENDING SECTIONS 16.20.060 AND 16.22.030 B. OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO CERTIFICATES
REQUIRED WITH FINAL MAPS.
City Clerk